It will be noted that there is no provision in either

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Unformatted text preview: ey did contain the entries in regard to this amount of 4,200 pesos. Under these circumstances the judgment of the court below relieving Smith, Bell & Co. of the responsibility for this 4,200 pesos can not be affirmed. The evidence as it stands in the record strongly preponderates against them, and the judgment must be reversed. Art. 1900 – Agent’s Written Power of Attorney, insofar as Concerns 3rd Persons, Governs On Questions Whether Agent Acted Within Scope of Authority Even If it Exceeds Authority According to Understanding Between Principal and Agent Bank of PI v. De Coster, 47 Phil 594 (1925) LESAVA Doctrine: The fact that an agent failed and neglected to perform his duties and to represent the interests of his principal is not a bar to the principal obtaining legal relief for the negligence of her agent, provided that the application for such a relief is duly and properly made under the provisions of section 113. Parties: Plaintiff: BPI Defendants: ● Gabriela Andrea de Coster y Roxas ­ wife of defendant Jean M. Poizat ● J.M. Poizat and Co. ­ duly registered partnership ● La Orden de Dominicos/PP. Predicadores de la Provincia del Santisimo Rosario ­ religious corporation Facts: Gabriela, having the consent and permission of her husband,and he acting as her agent, made to BPI a promissory note for P292,000, payable one year after date with 9% per annum interest payable monthly. Also, it was provided that in event of a suit or action, the defendants should pay the further sum of P10,000 as attorney’s fees. 60 To secure the payment of the note, which is joint and several, defendants Jean M. Poizat and J. M. Poizat and Co. executed a chattel mortgage to the plaintiff on the steamers Roger Poizat and Gabrielle Poizat, with the machinery and materials belonging to the Poizat Vegetable Oil Mills and certain merchandise. At the same time, defendant Gabriela, having the consent and permission of her husband and he acting as her agent, they acknowledged and delivered to BPI a mortgage on a certain real property situated in Manila...
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